Can You Sue a Doctor for Wrong Diagnosis?

Well, the whole treatment of a patient in a hospital depends upon what they’re diagnosed with! And if unfortunately, there had been some error in the diagnosis of the patient, the entire treatment could go wrong and result in fatal consequences. Can You Sue a Doctor for Wrong Diagnosis? So, one can certainly sue a doctor if they’ve misdiagnosed as it falls under the umbrella of medical malpractice.

Medical Malpractice and the Lawsuit

 When a doctor, a hospital or a health care professional lead to an injury to a patient by a neglectful practice or elision of something in the care, it is considered as medical malpractice. This can result from negligence in diagnosing, treating, aftercare and other management.

Claims can be made for negligence under specific laws. However, there are particular characteristics of potential malpractice that have to be met to make a claim. These characteristics count in the following:

• Breach in the Standard Care: Some specific medical standards are accepted in the profession as a whole and are followed by medical professionals and medical institutes all around. A breach or violation in those standards is one of the components of negligence.

• Injury as a Result of Negligence: Inability to provide standard care by a professional or a hospital cannot alone validate the malpractice. A patient has to show that he/she has suffered from an injury because of it. Negligence that didn’t result in an injury or an injury not caused by negligence is considered null for the case.

• Substantial Damage as a Result of Injury: The legal proceedings for medical malpractice require a huge amount of money and so, the patient needs to show that he/she has gone through unavoidable damage as a result of the injury and the malpractice. The damages can be in the form of a disability, suffering, loss of income, and hefty bills & charges.   

Types of Medical Malpractice

There is no one type of medical malpractice. Depending on the professional, place of treatment, type of treatment, aftercare and even medical devices, there are several types of negligence. These are described below.

• Misdiagnosis:

Diagnosis is the very first step of the treatment as a patient arrives at a hospital. The entire course of treatment, medicines and everything else depends on the diagnosis. Therefore, it is imperative for the doctor to correctly pick the symptoms, run tests and come up to a final diagnosis. 

Failure to accurately diagnose can bring about severe threats to a patient and make them suffer.

A lot of diseases are misdiagnosed including cancer, stroke, heart attack, DVT, pulmonary embolism, Diabetes, Meningitis, Appendicitis and more.

• Delay in Diagnosis:

Along with a correct diagnosis, a timely diagnosis is also essential for the well-being of the patient. Even a slight delay in the diagnosis can decrease the chances of a full recovery and can be extremely life-threatening. Often due to workload or other reasons, a doctor fails to diagnose in time for which both the doctor and the hospital can be held accountable.

• Surgical Negligence:

Surgeries are the most complex procedures in treating a patient. It needs excellent skills, as even the smallest mistake can lead to debilitating results. Any neglect while operating on a patient can cause infection, sepsis, failure of the immune system, damage to internal organs and death. Some of the most common surgical errors take in the surgery of a wrong site, excessive blood loss, injury to internal organs, and leaving a foreign object inside the body. Operating unnecessarily, incorrect procedure, use of non-sterile equipment and damage to nerves are also some frequently happening surgical errors.

• Anesthesia Negligence:

Anesthesia is a precarious part of a surgery. It needs an anesthesiologist to administer and monitor the impact of anesthesia on the patient. Before the operation, the anesthesiologist reviews the records, medications, history, surgery to be performed and other things to suggest the sedatives to be used. Failure to determine the correct drugs can cause serious injury and can also lead to death.

Moreover, there are also chances for intra-op errors in anesthesia administration and monitoring it. Inability to immediately respond to the change in patient’s vital signs during the procedure or running out of oxygen midway can be deadly.  

• Labor Negligence:

Childbirth is an immensely complicated process for both the mother and the baby. Adequate prenatal and postnatal care can make this process smooth for them. However, a lack is observed in both of these cares that make it even tougher and can result in serious injuries and death. The errors include failure to perform c-section in time, mismanaging a problematic birth, improperly induced labor and other postnatal complications.

• Treatment Negligence:

Once treatment is given to a patient, it is essential to carefully monitor how the patient is responding to it. A failure to oversee the effects of treatment can undoubtedly cause further harm to them. Also, it is important to follow up with the patient once the course of treatment is complete to see if there are any long-term side-effects. Failure to follow up is also counted in the treatment negligence.

To sum it up, medical malpractice is one of the leading causes of deaths in the world. It is extremely important to come up with the correct diagnosis, provide proper treatment, and follow up for ensuring the well-being of a patient. Any negligence in these and which falls fit in the characteristic criteria of filing a lawsuit can be held accountable and sued.